Harmon v. New York City Police Department

Appellate Division of the Supreme Court of New York

Harmon v. New York City Police Department

188 A.D.2d 429

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1992

StatusPublished

Cited by5 cases

This text of 188 A.D.2d 429 (Harmon v. New York City Police Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harmon v. New York City Police Department, 188 A.D.2d 429 (N.Y. Ct. App. 1992).

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Opinion

Determination of the respondent Police Commissioner, dated July 1, 1991, which dismissed petitioner from his position as a police officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jacqueline Silbermann, J.], entered January 27, 1992) is dismissed, with costs.

Substantial evidence, namely, a random drug test, supports the determination that petitioner was guilty of wrongfully possessing and ingesting cocaine, there being no reason to disturb the credibility findings of the Hearing Officer rejecting petitioner’s explanation of unwitting ingestion as having "the ring of total implausibility” (see, Matter of Ruggiero v Brown, 184 AD2d 270; Matter of Jones v Ward, 166 AD2d 323; Matter of Taylor v Raiford, 159 AD2d 309), and the penalty of dismissal is not shocking to one’s sense of fairness (see, supra). Concur — Sullivan, J. P., Wallach, Ross and Asch, JJ.

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Determination of the respondent Police Commissioner, dated July 1, 1991, which dismissed petitioner from his position as a police officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jacqueline Silbermann, J.], entered January 27, 1992) is dismissed, with costs.

Substantial evidence, namely, a random drug test, supports the determination that petitioner was guilty of wrongfully possessing and ingesting cocaine, there being no reason to disturb the credibility findings of the Hearing Officer rejecting petitioner’s explanation of unwitting ingestion as having "the ring of total implausibility” (see, Matter of Ruggiero v Brown, 184 AD2d 270; Matter of Jones v Ward, 166 AD2d 323; Matter of Taylor v Raiford, 159 AD2d 309), and the penalty of dismissal is not shocking to one’s sense of fairness (see, supra). Concur — Sullivan, J. P., Wallach, Ross and Asch, JJ.

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188 A.D.2d 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmon-v-new-york-city-police-department-nyappdiv-1992.

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